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MARK v. F. C. C.

No. 72-1158.

468 F.2d 266 (1972)

Alexandra MARK, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, and National Broadcasting Company, Inc., Intervenor.

United States Court of Appeals, First Circuit.

Decided October 19, 1972.

Attorney(s) appearing for the Case

Michael S. Field, with whom Edward Rudnitsky, and Field, Rudnitsky & Mullane, Boston, Mass., were on brief, for petitioner.

Charles A. Zielinski, Counsel, Washington, D. C., with whom John W. Pettit, Gen. Counsel, John A. Marino, Associate Gen. Counsel, Thomas E. Kauper, Asst. Atty. Gen., and Howard E. Shapiro, Atty., Washington, D. C., were on brief, for respondents.

Floyd Abrams, with whom Eugene R. Scheiman, Cahill, Gordon, Sonnett, Reindel & Ohl, and Corydon B. Dunham, New York City, were on brief for National Broadcasting Co., Inc., intervenor.

Before COFFIN, Chief Judge, McENTEE, Circuit Judge, and HAMLEY, Senior Circuit Judge.

COFFIN, Chief Judge.

This petition to review a final decision of the Federal Communications Commission (the Commission), under 28 U.S.C. § 2342(1), challenges the Commission's refusal to order intervenor, the National Broadcasting Company, Inc. (NBC), a television station licensee, to abandon its policy of excluding from nonnews programs material presented for the purpose of fostering belief in astrology. Since NBC's policy in this particular is to adhere to...

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